Current through Register Vol. 1431; November 27, 2020
Section 12.01 - General Provisions(1)Purpose. 302 CMR 12.00 governs the conduct of activities on property of the Commonwealth under the care, custody, and control of the Department of Conservation and Recreation.(2) The Commissioner may make any regulatory provision in 302 CMR 12.00 more stringent than that set forth in the particular provision.(3)Construction.(a)302 CMR 12.00 shall be liberally construed to permit the Department of Conservation and Recreation to discharge its statutory functions.(b) The Commissioner of the Department of Conservation and Recreation, may, in the public interest, or in an emergency, suspend the application of any section of 302 CMR 12.00.(c) The Commissioner of the Department of Conservation and Recreation may waive any provision or requirement in 302 CMR 12.00 not specifically required by law when in the Commissioner's judgment strict compliance with such provision or requirement would result in an undue hardship and would not serve to further the intent of M.G.L. c. 21, § 1; M.G.L. c. 132A, § 7; M.G.L. c. 92, §§ 33, 34B, 35, 35A, 37, 38, 41, and 95A; and St. 2003, c. 41.(d) No provision of 302 CMR 12.00 shall make unlawful any act necessarily performed by any officer or employee of the Department of Conservation and Recreation performed in the line of duty or as part of his or her work duties, or by any person acting as an agent of the Department of Conservation and Recreation or its employees. This shall be true for any person or his or her agents engaged in performing the proper and necessary execution of the terms and conditions of any agreement with the Department of Conservation and Recreation.(e)Severability. If any section, subsection, division or subdivision of 302 CMR 12.00 shall be determined to be invalid, such determination shall apply to the particular section, subsection, division or subdivision, and all other provisions of 302 CMR 12.00 shall remain valid and in effect.(f) The Department of Conservation and Recreation may post rules restricting recreational activity as to designated areas and/or times.(g)Lands and Waters of the Watershed System. 302 CMR 12.00 shall apply to all DCR property without the Division of Water Supply Protection.Adopted by Mass Register Issue 1272, eff. 10/24/2014.